Another Operation Meth Merchant Case Dismissed On Misidentification

Thursday, October 6, 2005

A dismissal of the federal criminal charges against Sidhharath Patel was filed Thursday morning by the Clerk of the United States District Court at Rome, Ga.

The order was signed late Wednesday afternoon by District Judge Harold Murphy upon a motion by the United States Attorney after defense attorney McCracken Poston of Ringgold had repeatedly demanded that the government dismiss the charges, saying there was a misidentification.

Mr. Patel, who had just appeared in Atlanta with his attorney, was elated. He said, “I can finally call my new bride and tell her that it is finally over.”

The 20-year-old American citizen was arrested at an airport in New Jersey on July 18 as he returned from his own wedding in his native India. He was held for 12 days in various facilities in New Jersey, Oklahoma and Georgia.

Attorney Poston said Mr. Patel was working in a Subway sandwich shop in Hicksville, N.Y., on July 23, 2004, when government agents claimed he was in a Varnell, Ga., convenience store selling matches, Coleman fuel and other items the government said can be used to manufacture methamphetamine.

Attorney Poston said, "This makes the third citizen of Indian heritage that was misidentified by the same undercover informant who was utilized in almost all of the government’s ‘Operation Meth Merchant' cases.

"Sidhharath Patel’s plight, along with that of Cleveland, Tn., resident Malvika Patel, has illustrated the dangers of government reliance on 'eyewitness identification,' and of the particular errant informant utilized in these cases.

“These individuals were completely innocent and were nowhere around the location of the alleged criminal activity.”

He said both Malvika and Sidhharath Patel (unrelated), along with Malvika’s husband Chirag “Chris” Patel, "were falsely accused by the same undercover government informant, one with a history of fraudulent acts and criminal convictions. The three misidentified were wrongfully accused by government documents to have been working as clerks in convenience stores in Fort Oglethorpe and Varnell, Ga."

While attorney Poston thanked the United States Attorney for “doing the right thing” in finally dismissing another misidentified defendant’s charges, the Ringgold attorney questioned the continued use of this particular informant, who according to attorney Poston has “wrought so much pain and suffering on innocent families” with his “at best negligent and irresponsible, and at worst maliciously reckless attempts at identifying suspects.”

The informant, according to attorney Poston, was paid by the government for his services. A federal protective order sought by the government restricts anyone from revealing the name of the informant.

Attorney Poston said, "The confidential informant system can be an effective tool for law enforcement in some cases, but not as utilized by government agents in this operation which spanned six Northwest Georgia counties and targeted Indian-owned convenience stores.

"There were ethnic generalizations, premature conclusions and bad information utilized by those involved. This creates a dangerous situation for all Americans, no matter of what heritage.”

Just as in the cases of Malvika and Chris Patel, the government did not issue an apology to Sidhharath Patel, attorney Poston said.

“An apology to all of them and their families would be nice, and I think they deserve it,” said attorney Poston. “Ultimately, however, the dismissals are the most important things, and we have obtained that.”

September 15, 2019

Latest Hamilton County Arrest Report

September 14, 2019

Water Distribution Site Locations Set For Sunday

September 14, 2019

Change In Water Distribution Site Locations Made To Accommodate Neighborhoods With Greater Need

The City of Chattanooga, Chattanooga Fire and Police Departments continue to provide services, alongside our county and regional partners and Tennessee American Water, to those without water. ... (click for more)

As some neighborhoods in Chattanooga’s lower elevations continue to regain adequate water pressure, the Chattanooga Police Department and the Youth & Family Development Centers will be reallocating ... (click for more)

The City of Chattanooga, Chattanooga Fire and Police Departments continue to provide services, alongside our county and regional partners and Tennessee American Water, to those without water.
Additionally, partners at Tri-State Mutual Aid Association continue to provide fire suppression for Hamilton County until water is returned to those residences.
While pressure maps ... (click for more)

Our nation was attacked on Sept. 11, 2001 and our world changed. Muslim terrorists called al-Qaeda, with training camps all around the world were responsible for the death of the more than 3,000 victims. This is an enemy unlike any we have ever faced. There are multiple countries, multiple fronts and multiple threats.
This enemy is committed to the absolute destruction of the ... (click for more)

It was in the late ‘80s, not long before Auburn and Tennessee would play early in the year to set the early pace in the annual SEC race. I needed Auburn football coach Pat Dye to help me understand the early-season strategy of what the loser of the game between Tennessee and Auburn would need to do to stay viable in the home stretch of SEC play that year; it affected bowl invitations ... (click for more)

The Chattanooga Mocs made the short trip up I-75 falling 45-0 at Tennessee. The Vols took advantage of early struggles to put the game away early.
A big return on the opening kickoff set Tennessee up with a short field. It took six plays to go 41 yards with the initial tally coming on a 13-yard Ty Chandler run. The next score came less than two minutes later with Brandon Johnson ... (click for more)

University of Tennessee at Chattanooga junior Niklas Gerdes led the Mocs men’s tennis team on the second day of the Chattanooga Collegiate Clay Court Championships at Manker Patten. The Geestland, Germany, native advanced to the finals of the doubles draw and the singles semifinals with wins today.
Gerdes started the morning session with a 6-0 doubles win with sophomore Tomas ... (click for more)